06-03-57 Council Meeting Minutes

Home Browse Search

SPECIAL MEETING JUNE 3, 1957 GENERAL ORDINANCE NO. 3709, Respectfully report that they have examined the matter and that in their opinion it should be reported favorably as amended. /s/ G. W. Carr, Chairman Councilman Erler made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4168 AN ORDINANCE AMENDING SECTIONS 80, 81.and 82 OF CHAPTER 29 OF GENERAL ORDINANCE NO. 3709 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). Councilman Carr made a motion to introduce a resolution. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION BE IT RESOLVED, that intra -city common carrier truck traffic shall use Olive Street between Sample Street and Western Avenue: BE IT FURTHER RESOLVED, that intra -city truck traffic shall: 1. Not exceed 145 vehicles per average day. 2. Between hours of 10:00 P.M. and 7 :00 A.M. a maximum of three trucks per hour. 3. Not continue said use when and if the City Engineer shall determine that pavement or utility facilities have become dangerously affected. /s/ G. W. Carr Member of the Common Council Councilman Muszynski made a motion that the Resolution go to the Transportation Committee for study. Councilman Kroll seconded the motion. Councilman Erler spoke against the motion. Motion carried by a roll call vote of 5 ayes, (Councilmen Korpal, Carr, Tellson, Kroll and Muszynski,) 3 nays, (Councilmen Christman, Glass and Erler,) 1 absent (Councilman Hahn). Resolution placed in the Transportation Committee. Councilman Carr made a motion to adjourn. Councilman Muszynski seconded the motion. Attorney Robert Miller, Attorney for the Truckers Association asked permission to read a prepared statement. Councilman Carr withdrew his motion to adjourn and Councilman Muszynski withdrew his second to the Motion. President Korpal granted Mr. Miller leave to speak. I am Robert L. Miller of the Law Firm of Diamond and Miller, representing the Truckers. I have been instructed for on behalf of our client, the Motor Carriers Association to issue the following statement: 1. The Association wants it made clear that there is only one issue remaining and that very simply this: "They want the use.pf Olive Street for intra -city traffic so long as such traffic does not break down the pavement ". 2. In arriving at this issue the Association has made the following concession: (a) They will accept 6 or more weeks of extra cost operations on the detour routes. (b) They are willing to bind themselves to a relatively few trucks on Olive in intra -city use. (c) They are willing to accept the opinion of the City Engineer as to how long the intra -city trucks could use 0live Street before damage occurs. 3. The Trucking industry throughout the whole period of this controversy has been willing to take on the tremendous burden of the unreasonable detour routes in return for a public acknowledgment in the form of a simple resolution such as that introduced to -nite. The private assurances of some are not sufficient. 4. There are petitions presently on file from residents and groups asking this Council to exclude trucks from many other streets in the Olive Street area. These include Meade, Bendix, Kaley, Camden, Liberty, etc.,. These petitions will probably obtain favorable action from the Council. These are certainly not ideal streets for truck use. The question,however, is no longer whether Olive St., can withstand truck use, but the question is "Which street in the area can best stand use by trucks ". To deny all of these streets to the use of trucks is to wield a telling blow at in excess.of 25 industrial firms directly effected and at industry as a whole. 5. The Association further desires this Council to constantly bear in mind one elementary point relating to the relationship of truck weight to street damage. It is not the weight of the truck per se that counts. It is the number of axles and surface of tires which determines the pressure on the street of the weight of the load. One example should suffice. A 110 lb., lady with high heels would create more pressure on a surface than a 300 lb. man in average male shoe heels. 6. Lastly - -The issue is solely a matter of Council designation of a reasonable right of way for continuing intra -city truck traffic. We sincerely hoped that our overtures of compromise would obtain affirmative definitive action here to -nite. The problem, although of tremendous importance, has been aired for many- months last past and the Council has already had the benefit of extensive studies. We concede that in many of its aspects, the problem is difficult. It is not, however, unsolvable. We honestly cannot approve of any action which delays the final answer. The time is now. Councilman Kroll stated that the Transportation Committee would do everything in their power to solve the problem. There being no further business before the Common Council, Councilman Carr made a motion to adjourn. Councilman Kroll seconded the motion. Motion carried and the Special Meeting of the Common Council of the City of South Bend, adjournec at 8:41 P.M., C.D.S.T. CLERK